Adoption of a child in case of deprivation of parental rights. How soon after termination of parental rights can a child be adopted? Video: Deprivation of parental rights

Zharov A. A.

A. Zharov
about the author

Registration number 0056424 issued for the work:

Zharov A. A.
deprivation parental rights in relation to children abandoned by parents and restoration of parental rights

In this brochure, only the case of deprivation of parental rights in respect of children left without parental care (“refuseniks”, children “forgotten” by parents in institutions) is analyzed. The issue of restoration of parental rights is considered more widely.
The author hopes that his work will be useful, and is ready to accept all comments and questions by e-mail [email protected] or through the website www.zharov.info.
A. Zharov
about the author
Zharov Anton Alekseevich, lawyer, member of the Moscow Bar Association, specializes in family law, primarily in matters of guardianship, guardianship, adoption and disputes related to the rights of children, legal assistance on criminal cases against minors, as well as on crimes committed against children. Expert of the Department of Family and Youth Policy of the City of Moscow, author of manuals for employees of guardianship and guardianship authorities, cooperates with the KDN of the Moscow Region, teaches at the School of Adoptive Parents of the Family Foundation.

Deprivation of parental rights in relation to children left without parental care
Often, potential guardians and adoptive parents, having applied to the guardianship and guardianship authority with a request to adopt or take custody of a child known to them who is in a children's institution, hear in response that this is “impossible”, because the child “has no status”.
Translated into a language closer to jurisprudence, this means that the parents of a child left without parental care and who is in an institution are still not deprived of parental rights.
In fact, the transfer of a child to a family (to other forms of placement, in addition to adoption) is possible at any time after the child is recognized as left without parental care (this, perhaps, should be called its “status”), regardless of whether whether or not his parents are deprived of parental rights. It is also possible to adopt a child whose parents are not deprived of parental rights, however, it is necessary to prove at the adoption court session that the parents evade the upbringing of the child and its maintenance, do not live with him for more than 6 months. As a rule, for a child in an institution, the collection of evidence does not raise questions: the courts accept certificates issued by a children's institution stating that the parents did not appear, and they do not receive money for the maintenance of the child.
However, guardianship authorities often try to first deprive parents of parental rights and only then transfer the child to new family. There is a certain logic in this.
Indeed, the adoption of a child left without parental care, whose parents are deprived of parental rights, does not raise any additional questions from judges and prosecutors. However, if there are already potential adoptive parents, the deprivation of parental rights of the child's parents will only delay the adoption for another six months. In accordance with paragraph 6 of Art. 71 of the RF IC, the adoption of a child is allowed no earlier than six months from the date of the court decision on the deprivation of parental rights.
That is, by requiring first to deprive parents of their rights, and only then to adopt, the guardianship and guardianship authority puts potential adoptive parents in an “uncomfortable position”: if there is a child, it is impossible to adopt. No way. Even if there are other grounds established by Article 130 of the RF IC.
However, depriving the parents of a child left without parental care of parental rights is necessary.
In addition to the fact that the child is exempt from possible claims of biological parents, this allows for greater freedom to transfer the baby to the family. It is also important to bring legal circumstances (deprivation of parental rights to the child) to actual circumstances (the child has lost parental care).
A claim for deprivation of parental rights, in our opinion, should be filed by the guardianship and guardianship authorities, or the organization in which the child is left without parental care. Even in the case when the child is under guardianship or guardianship, the initiator of the deprivation of parental rights should be the body of guardianship and guardianship, as a body designed to protect the interests of the child.
Of course, it is in the interests of the child to deprive the persons who abandoned him, who do not provide him with the necessary assistance in development, upbringing, maintenance, despite their obligation to do so, of their rights in relation to the child.
At the same time, the guardianship and guardianship authority (or, at its direction, the organization under whose supervision the minor is located) must, already at the stage of placing the child in an institution, take care of collecting evidence for the subsequent deprivation of parental rights. It is necessary to obtain a signature from the parents about the need to eliminate the violations of the rights of the child that led to its placement under the supervision of the organization, and then take the child home from it.
It will be quite justified in this case to bring parents to responsibility under Art. 5.35 of the Code of Administrative Offenses of the Russian Federation, since the upbringing of the child, as well as living together with the child, is the responsibility of the parents. In addition, in the process of considering the case in the Commission on Juvenile Affairs, it is possible to establish new circumstances for the loss of parental care by the child. It should also be noted that by virtue of paragraph 2 of part 5 of Art. 28.3 of the Code of Administrative Offenses of the Russian Federation, a protocol on an administrative offense, provided for by Art. 5.35 of the Code of Administrative Offenses of the Russian Federation, any member of the commission for minors (including an employee of the guardianship body who is a member of the commission) has the right to draw up.
If the child was left by the mother, who presented identification documents, in a maternity hospital, hospital or other organization, the guardianship and guardianship authority is obliged to take measures to notify such a mother of the possible deprivation of parental rights and the need to pick up her child, to find out the reasons for such an act of the mother .
If the woman who gave birth to the child did not present identification documents, but left the child, then the medical organization is not entitled to indicate the surname, name and patronymic named by her as the mother's data in the medical birth certificate. In this case, the mother’s data is also not entered into the birth certificate of the child, and an act of abandonment is drawn up for the child with the obligatory indication that the mother’s data is recorded from her words, not documented.
There is no need to deprive such a “mother” of parental rights, since the child’s parents are legally unknown, and he can be adopted at any time.
An undocumented mother also cannot issue a “child abandonment” (consent to adoption), since it is impossible to identify her, and such a refusal cannot be accepted by the court. At the same time, there is no need for it, since the child of such a woman should not have an entry in the “parents” column, which means that they will be legally unknown.
In the event of a subsequent appearance of the mother (before adoption), she must defend her rights to the child in court. If the child has already been adopted, then the recognition of the child by her mother is theoretically possible, but due to the rules of Art. 139 of the RF IC, other information, except that the child was adopted, cannot be transferred to her, and the rights and obligations in relation to blood relatives (including the mother) and, accordingly, the rights and obligations of relatives in relation to this child are terminated.
Revision of the court decision on adoption by virtue of the “announcement” of the biological mother of the child is also possible only theoretically, since the court decision on adoption itself is, as a rule, justified. And at the time of its adoption, the parents of the child were not known (and the parent of the child, on the contrary, knew that he was the parent). Consequently, there are no violations in the establishment of adoption, and the case cannot be reviewed.
Cancellation of adoption on the grounds of "appearance of parents" can still be considered by the court. However, even in this case, the cancellation of the adoption cannot be justified by the circumstances that took place after the entry into force of the court decision on adoption.
As a rule, paragraph 2 of Art. 69 of the RF IC, since their parents obviously evaded their duties, leaving the child to the state.
On the norm of paragraph 3 of Art. 69 of the RF IC must be referred to if the reason why the mother (or father) refuses to take the child from the relevant organization is known.
If, prior to being placed in an organization for orphans, a child was subjected to cruel treatment, violence by parents, parents encroached on their sexual inviolability, parents abused their rights (including by involving their children in illegal activities), regardless of when this happened, one should raise the issue of depriving them of parental rights under par. 4 or 5 tbsp. 69 RF IC.
There are no questions about the deprivation of parental rights according to the norms of par. 6 and 7 st. 69 of the RF IC, if the parents suffer from drug addiction, alcoholism, have committed a crime against the life or health of their children or against the life or health of their spouse. The court can obtain data about this from the relevant certificates and sentences.
Despite the fact that deprivation of parental rights is a “last resort” of parental responsibility, it is necessary and always justified to apply it to parents whose children are left without parental care.
Opinions encountered among employees of guardianship authorities about the need to “enter the position” of the mother or father of the pupil orphanage has nothing to do with the law. The law rightly puts the interests of the child in the first place, as a moral and legal category. It is the interests of the child that determine the need to deprive parents of parental rights whose children are recognized as deprived of parental care.
If there are "good reasons" for which a parent can leave his child without care, then the list of them should be very, very modest. For other parents, parental termination claims should become almost automatic once their child is found to be without parental care.

Restoration of parental care after deprivation of parental rights or other cases of loss of parental care
If a child is left without parental care for any reason, they are usually placed in an organization for children without parental care. Many who fall into these organizations are waiting for new family, ready to take the child under guardianship (guardianship), in a foster family or adopt. Some, alas, remain in organizations for children left without parental care for quite a long time, sometimes until adulthood.
These are the most common paths. But there are situations when parents, as they say, “changed their minds” and decided to restore their parental care.
As a rule, a “repentant” mother appears on the threshold of the child’s home, or orphanage, and asks to “return” her child to her. And quite rightly met with a refusal. The parent is advised to apply to the guardianship and guardianship authority and raise the issue of restoring parental care there.
As monitoring shows, there are two ways in the body of guardianship. Or the child is almost immediately given to the mother, without bothering her too much even with questions. Or, on the contrary, the return of the child turns into an exhausting epic for all its participants. Especially if the child is placed under guardianship or in a foster family.
If the first path is caused, as a rule, by insufficient knowledge of the legislation, then the guardianship authorities following the second path, on the contrary, having read all the poor legislation on this issue, face the problem of its application.
The simplest, from the side of the guardianship authority, is the case when parental care tries to restore a parent deprived of parental rights. Firstly, the restoration of parental rights takes place in court, which means that the guardianship authority shares responsibility with the judge. Secondly, there are criteria according to which a decision is made to restore parental rights.
Parents can be reinstated in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude towards raising a child. The court is not obliged to restore the parental rights of the parent who filed an application about this, even if he has changed his behavior, lifestyle, attitude to raising a child. He only has the right to do so. And those circumstances that are listed are only necessary conditions for this, but not always sufficient.
If we turn to the list of grounds for deprivation of parental rights, we can see that far from the entire list of grounds for deprivation "overlaps" the list of grounds for restoration in them. So, obviously, the payment of alimony (and even the repayment of debts on them) is not a basis for the restoration of parental rights.
It is difficult to talk about the restoration of parental rights of a person deprived of them in connection with a crime against children or a spouse. Big questions will be caused by the restoration of parental rights of a person who has encroached on the sexual integrity of his children.
It should also be noted that the parent must bring a claim for the restoration of parental rights to the court on their own, and the defendant will be either the guardianship and guardianship authority, or the children's organization, or the guardian, depending on what kind of care the child is in.
If a parent does not know where his child is, you should file a lawsuit against the guardianship and guardianship authority that selected the child, or against the institution where the child was before. In the future, the court will replace the defendant.
The claim is made on general rule jurisdiction - in district court at the place of residence (location) of the defendant.
If the child was adopted, then restoration of parental rights is impossible. At the same time, the guardianship and guardianship authority, having received from the court a request, a ruling, a copy of the statement of claim for the restoration of parental rights in relation to the child who was adopted, must submit to the court an opinion indicating that the child was adopted, without presenting, however, any data on adoptive parents, nor new data on the child.
Restoration of parental rights in relation to a child who has reached 10 years of age is permissible only with his consent.
It is important to note that the absence of the consent of a child who has reached the age of 10 from the restoration of parental rights, revealed by the guardianship and guardianship authority, the organization where the child is located, or the court, is mandatory for the court. Lack of consent does not necessarily mean an expression of disagreement: restoration of parental rights should not occur even if the child is indifferent to this.
The opinion of a child under the age of 10 must also be sought, but his opinion is not binding on the court. In any case, the restoration of parental rights is possible only in cases where this does not contradict the interests of the child.
The body of guardianship and guardianship without fail takes part in court sessions, gives an opinion on the issue under consideration. And first of all, on the issue of compliance with the interests of the child of the upcoming restoration of parental rights.
In this case, in order to prepare an opinion, the guardianship and guardianship authority must familiarize itself with the documents attached to the statement of claim, with those documents that were attached to the case at the court session, be sure to examine the living conditions of the parent who is being restored in parental rights, and draw a conclusion about the validity of the restoration of parental rights.
If, simultaneously with a claim for the restoration of parental rights, a claim is filed for the return of a child to parents from a guardian or from an organization for children left without parental care, the guardianship and guardianship authority must also check whether conditions are created for the child to live in the place where he is going to be taken parent, whether the parent's income is sufficient to support the child, and make a conclusion about the validity of the transfer of the child to the parent at the present time.
At the same time, it should be taken into account that the guardianship and guardianship authority is not authorized to request any certificates, documents, etc., it must, like a court, draw a conclusion based on the data provided by the plaintiff. If they are not enough to give an opinion, the guardianship authority has the right to invite the parent to submit additional documents. If they are not presented, however, the conclusion about the validity of the restoration of parental rights and the return of the child must be made according to the submitted documents. The conclusion in such a case may well be negative.
It is permissible, however, to request certificates or other information about a child left without parental care from children's organizations, medical organizations, etc.
If a child in respect of whom the parents have been restored in parental rights, or in respect of whom the parents have not been deprived of parental rights, is placed under guardianship (guardianship), in a foster family, then the issue of returning him to his parents is resolved only with the consent of the guardian (trustee).
Until the termination of guardianship (guardianship), it is he who is the legal representative of the child and he decides whether the transfer of the child to the parents is permissible. Termination of guardianship or guardianship in this case is possible not earlier than the child is returned to the parents.
Thus, if a child in respect of whom the parents (parent) are going to restore parental care is in any form of guardianship or guardianship, the transfer of the child to the parent is possible either with the consent of the guardian (trustee) or by a court decision.
If the guardian (trustee) objects to the return of the child to the parent, the parent must file a lawsuit against the guardian in which to demand the return of the child.
The court, deciding this issue, must check whether the return of the child to the parents is in his interests. When considering such cases, the court takes into account the real ability of the parent to ensure the proper upbringing of the child, the nature of the relationship between the parent and the child, the child's attachment to the persons with whom he is, and other specific circumstances that affect the creation of normal living conditions and the upbringing of the child by the parent, as well as by persons in which the minor actually lives and is brought up.
The guardianship and guardianship authority, giving an opinion on this issue, must identify all these circumstances by examining the family conditions of both the guardian and the parents, as well as finding out the opinion of the child, if he is able to express it.
Taking into account the norms of family law, the organization where a child left without parental care is placed under supervision also has the right to object to the return of the child to the parents. In this case, the issue is resolved in court.
A common mistake of the guardianship and guardianship authorities is the forced, despite the objection, removal of the child from the guardian's family (custodian, foster family) and transferring it to the parents as soon as the guardianship authority establishes that the parents have created conditions for raising the child.
These actions are unacceptable, since the refusal of the guardian to transfer the child at the request of the parent is in itself a dispute, which the guardianship authority does not have the authority to resolve - this is the prerogative of the court.
In such cases, the guardianship and guardianship authority must notify the parent that the guardian (or organization) refuses to transfer the child and indicate that this dispute is subject to resolution in court.
It is worth noting that if the parents of a child left without parental care were not deprived of parental rights, they can immediately apply to the court with a claim for the return of the child to them. Parents deprived of parental rights must be restored to them and only upon the fact of this can they demand the return of the child to them (although these requirements can be stated at the same time).
In view of the foregoing, it is possible to recommend that the guardianship and guardianship authorities, as well as the guardians (trustees) and the administration of organizations for children left without parental care, in the event that the child loses parental care for reasons justifying the deprivation of parental rights, file claims for deprivation of the child's parents of parental rights .
It should be noted that if there are candidates for adoptive parents, prior deprivation of parental rights for adoption is not required if at least one of the conditions listed in Art. 130 RF IC. Moreover, if the parents of such a child are deprived of parental rights, the adoption will have to be postponed for 6 months (which, however, does not limit the transfer of the child to other forms of placement.

A legal fact gives rise to legal consequences. Restrictions, deprivation of parental rights is a sanction applied to the mother and father of the child, if his spiritual and moral, physical development is endangered due to the use by parents of illegal ways of exercising their rights to educate him. This concept includes the misbehavior of the father and mother, their evasion of duties. What are the consequences of termination of parental rights?

Consequences of deprivation of parental rights of a father or mother - loss of rights to receive benefits, benefits, other payments

The state, depriving a father or mother of the rights of parents, takes this step as a last resort. First, employees of this state organization work with the family, which is recognized by the guardianship authorities as dysfunctional. Parents may be subject to parental rights. But, if the interests of the child are under threat, as well as his life, the concept is formed that it is not possible to entrust the family with further education.

The restriction does not apply to parents. And then the legal consequences of depriving the parental rights of the father or mother come, which by their nature are stronger than the imposed restriction. One of these consequences is the loss of the rights of parents to receive benefits and other payments assigned to their children. But this does not mean that the child also loses the same right: they will be paid to the person who will later be transferred to raise the child. But not to my mother and father, who were deprived of their rights.

The concept of benefits no longer paid to parents?

• Benefit from the state, which is paid to large families.
• Mother's allowance for caring for a child up to 1.5 years.
• Temporary disability allowance for the mother on the basis of caring for a sick child under 1.5 years old.

Article 87 of the RF IC exempts children who have reached the age of majority from paying maintenance obligations to their mother and father to parents who have been deprived of parental rights. It is logical that the legislation excludes from the list of heirs the children of the father and mother, deprived of parental rights.

The law establishes order, depriving parents of rights and obligations in relation to the child. But there is one exception, which concerns the obligation of the father to support him. The procedure is as follows: it does not matter in whose care the child is: the second parent, guardian, caregiver, foster family, representative children's institution. These persons or the administration of the institution where the child lives on a permanent basis may present to the mother, father statement of claim on the subject of recovery from them of alimony for the upbringing of the child. The mother and father deprived of their rights also bear the obligation to participate in additional expenses for the child (IC RF, Art. 86). The same applies to parents who are subject to restriction of parental rights.

These are the consequences of depriving the parental rights of the father or mother of the child.

Question about cohabitation

If a child lives with a mother or father deprived of parental rights, the court simultaneously decides whether it is possible for them to stay in the same living space in the future. The decision of the judge is based on certain circumstances of the case under consideration, as well as on the grounds on which the residential premises were received.

If the parents and their offspring live in a dwelling that is on the balance sheet of state or municipal bodies on the basis of a warrant, then the deprivation of the rights of the parents is the basis for their eviction without providing another residential purpose. Article 98 of the LC RF says this. As for the restriction of rights, parents can live with the child. The same basis applies to mothers and fathers who are deprived of their parental rights and live in a residential area owned by their child (children). This is also the reason for their eviction. If parents and a child live in a residential apartment that is their common property, or the property of a deprived parent, he cannot be evicted from his property. This rule is mandatory. But the child must be provided with a separate living space. To do this, he moves to a parent who is not deprived of the right, and also children left without parental care are transferred to a state institution.

The child's right to property

If the child is transferred to Orphanage, he retains the rights of the owner to the residential premises, or the right to use the living space of the parent who is deprived of rights. The order is such that no one can deprive a child of his property. The impossibility of seizing a child's property is an imperative provision of the law.

Transferring a child to care

The law defines several concepts of the transfer of a child to a family:

• Those who wish to obtain guardianship are checked to see if they have the conditions for the child to live.
• Children who have reached the age of 10 years at the time of transfer are asked for consent.
• The conditions in which the new family member lives are controlled by the guardianship authorities.
• Children who are related by blood (brothers and sisters) are transferred to the same family.

Forms of transfer of the child:

• Adoption.
• Guardianship.
• Guardianship.

Adoption

In the process of adoption, a family relationship is established between the child and his adoptive parents. They are similar to those that exist with relatives upon birth. The legal fact that serves as the basis for the emergence of these relations is the decision of the court. Children are adopted up to the age of 18. And only those who do not have parental care. This ground implies their death, as well as deprivation of parental rights. Concepts related to adoption are regulated by Ch. 19 RF IC. Relationship powers between the child and his parents arise from the moment the court decision enters into legal force. In practice, this occurs within a month from the day the judge makes this decision. The law admits that a single citizen who is not married can also adopt a child. Cancellation of adoption is allowed in Russia. This happens on the grounds of tough communication with the child, the unworthy behavior of his adoptive parents, bad relations with him, lack of mutual understanding.

IMPORTANT: If a citizen wants to adopt a child, he can apply to the local guardianship authority.

guardianship

The concept of guardianship (trusteeship) means the maintenance, education, upbringing, protection of children who are left without the care of mom and dad. The concept of "guardianship", as well as "guardianship" presupposes a regime for the placement of children, but is not the basis for the emergence of relations of a kindred nature between citizens and them. What is the difference between these two concepts? The answer is simple: it all depends on the age of the child. Guardianship is established up to 14 years, guardianship - from 14-18. This is evidenced by 159-FZ of 2014. All this happens by decision of the authorized state body - guardianship and guardianship.

Who can be a guardian? This is a capable person of legal age. This is a citizen who leads a normal life, is not seen in the use of drugs and alcohol. In addition, this citizen should not be deprived of parental rights in relation to their own children, as well as restrictions on rights. The guardian must pass the appropriate psychological preparation. Guardians must:

• Treat a child.
• Take care of him.
• Develop physically and spiritually.

guardianship

By setting the age limit for guardianship - 14 years, the legislator proceeds from the fact that adolescents at this age acquire a rather large amount of legal capacity. These children the law adds the right to:

• disposal of earnings, scholarships, other income;
• opening deposits in financial institutions;
• disposal of deposits opened in one's own name in banks;
• exercising the rights of the author of science, works of literature, art, etc.

In the age range from 14 to 18 years, a child who is under guardianship has the right, with the consent of his ward, to conclude transactions. Therefore, we can make a well-founded conclusion that the guardian for the child is his assistant in the field of realization of the rights of a teenager in civil law activities.

Interests of the child

The legislator drew up a special law on the relationship between a teenager and his guardian, in addition, the norms of the RF IC apply to this regime. In particular, No. 48-FZ of 2008 establishes that issues related to guardianship fall within the powers of the guardianship authorities operating in the child's place of residence. If at the time of the appointment of a guardian the child lives at his place of residence, then the guardianship authorities that work in the territory where the teenager previously lived may transfer the decision on him to another guardianship, which is authorized to act at the place of residence of the guardian.

It is possible to appoint a guardian, as well as a trustee, only with the consent of these persons. The law does not allow anyone to be forced to take care of a child without the desire to grow and develop it. Therefore, the legislator turned this requirement into an imperative norm. Coercion to fulfill the duties of a guardian, guardian cannot meet the interests of the child, which means that the meaning of his arrangement with these persons is lost. The will to take on such a responsible mission is contained in a statement that a citizen must bring to the guardianship authorities. It has already been mentioned that a child from the age of 10 can express his consent and disagreement with the candidacy of his guardian or trustee. Thus, the legislator emphasizes that he acts, first of all, in the interests of the child, asking his opinion.

Conclusion

A parent who has reformed may apply for reinstatement. Restoring parental rights is not an easy process. The parent, restoring his rights, must convince the court that he has become a different person. In this case, the issue of restoration of rights will be decided in his favor.

Question answer

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Deprivation of rights

Hello. If they want to deprive a husband of parental rights to a child from his first marriage (there was no registry office), does he lose his rights to a child from his second marriage (there is a registry office)

Zaire 25.07.2019 17:35

No, it doesn't. In order to deprive him of parental rights to a child from a second marriage, it is necessary to file a lawsuit in court to deprive him of parental rights to a particular child.

25.07.2019 17:47

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Agree with colleague.

Fedorova Lyubov Petrovna 26.07.2019 07:35

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Maternity capital deprived of parental rights for the first child

Hello, I terminated my parental rights older sister and now I am the guardian of her first child, as now a mother deprived of parental rights can dispose of this capital and is supposed to be the first child. Thank you

Natalya 21.07.2019 14:21

Good afternoon The mother and father who are removed from the upbringing of the child lose all rights to it. Since they cannot qualify for state support measures, they will not receive maternity capital when a newborn is born. The fact that children whose parents were deprived of their rights or adoption was canceled are not taken into account when assigning social support measures is stated in the Federal Law “On Additional Measures of State Support for Families with Children”. However, the law provides for the reverse procedure. Parents can restore their rights through the court if they prove that they got rid of bad habits corrected and changed their behavior. All this will have to be documented. In addition, the restoration of rights will be possible only after verification of the guardianship authorities. If the mother was deprived of her rights, the father can receive a certificate for mother capital, provided that he was not removed from raising a minor. The same right arises for a man if his wife is dead or declared missing. The stepfather of the previous child cannot apply for state support measures. Also, this right is lost if the minor is recognized as left without parental care. Consequences of deprivation of parental rights

Dubrovina Svetlana Borisovna 22.07.2019 10:59

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On termination of parental rights

Hello, on July 1, 2019, I had a court for the termination of parental rights when I should pick up the documents

Olga 18.07.2019 16:24

Good afternoon IN Within a month you have the right to appeal against the decision of the court. Article 321. 2. An appeal or presentation may be filed within one month from the date of the final decision of the court, unless other terms are established by this Code. If you do not appeal, then after the expiration of a month, you can withdraw the decision that has entered into force.

Dubrovina Svetlana Borisovna 18.07.2019 17:22

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Olga 19.07.2019 06:36

Hello, my court was on July 1, now I can pick up the documents and file an appeal or is it too late

Hello! There is still time. According to Art. 321 Code of Civil Procedure of the Russian Federation and appeals, presentations are filed through the court that made the decision. An appeal or presentation received directly by the appellate instance shall be sent to the court that issued the decision for further action in accordance with the requirements of Article 325 of this Code.An appeal or presentation may be filed within one month from the date of the final decision of the court, unless other terms are established by this Code. You can contact our company for more detailed advice by calling the phone number listed on the site. 50% discount with promo code "MIP".

Kolenskaya Svetlana Alexandrovna 19.07.2019 12:22

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Deprivation of parental rights

The mother is deprived of parental rights for one child, not for the second. Can this affect the second child to go to work under a contract in the FSO

Irina 16.07.2019 20:33

Hello! Depending on what goals the person who wants to get a job pursues Federal Service protection, a list of requirements for it is also determined. So, for employees under the contract the following conditions are defined: age from 18 years; the presence of citizenship of the Russian Federation; the absence of a criminal record or the fact of investigating a crime against a potential employee; previous service in the army or training at the academy of the FSO, as well as equated to it educational institutions; positive results of tests for the possibility of service in the system structure; absence of medical and other exclusions from military service. As for relatives, a criminal record of relatives may be an obstacle to entering the service, deprivation of parental rights is not such.

Yurenev Vitaly Anatolievich 17.07.2019 13:51

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This is true.

Kolpakova Galina Yurievna 18.07.2019 12:31

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Deprivation of rod.rights

Good afternoon. I have a civil husband from Belarus. He has a daughter there. Who lives with her mother-in-law, and since he does not have the opportunity to go there often, his mother-in-law wants to improve parental rights. And his son has a job in Russia. Can he be deported from Russia and what should we do better. There is a suspicion that his daughter is not his own. And he turned a blind eye to it. What to do

Tatiana 07/08/2019 09:43

Hello! The grounds for deportation may be: illegal entry of foreigners (forged documents, illegal border crossing); violation of the rules of stay in the country (violation of the visa regime and the regime of a residence permit); loss or termination of legal grounds for further stay in the country (expired visa). Deprivation of parental rights is not grounds for deportation. If the child is not your own, you need to go to court to challenge paternity.

Boguslavskaya Anna Vladimirovna 09.07.2019 16:53

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Yes that's right.

Dubrovina Svetlana Borisovna 10.07.2019 13:32

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Obtaining housing for wards.

Hello, I am 19 years old, I am a ward. I am assigned housing in which I am registered with my mother deprived of parental rights. What needs to be done in order to recognize unsuitable living with her and get on the waiting list for housing at the place of study and temporary registration?

Ilya 07/03/2019 12:31

In accordance with Art. 8 federal law dated December 21, 1996 N 159-FZ "On additional guarantees for the social support of orphans and children left without parental care" to orphans and children left without parental care, persons from among orphans and children left without guardianship of parents who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans and children left without parental care, persons from among orphans and children, left without parental care who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, if their residence in previously occupied residential premises is recognized as impossible, by the executive authority of the subject Russian Federation, on the territory of which the place of residence of the said persons is located, in the manner prescribed by the legislation of this subject of the Russian Federation, comfortable residential premises of a specialized housing stock are provided on a one-time basis under contracts for renting specialized residential premises.

At the same time, the residence of orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by tenants or members of the families of tenants under social employment contracts or whose owners they are, is recognized as impossible if it is contrary to the interests of these persons due to the presence of one of the following circumstances:

1) residence on any legal basis in such residential premises of persons:

deprived of parental rights in relation to these orphans and children left without parental care, persons from among orphans and children left without parental care (if there is a court decision that has entered into force on the refusal to forcibly exchange housing in accordance with part 3 article 72 of the Housing Code of the Russian Federation);

suffering from a severe form of chronic diseases in accordance with the list specified in clause 4 of part 1 of article 51 of the Housing Code of the Russian Federation, in which it is impossible to live together with them in the same living quarters;

2) residential premises are unsuitable for permanent residence or do not meet the sanitary and technical rules and regulations established for residential premises, other requirements of the legislation of the Russian Federation;

3) the total area of ​​the dwelling per one person living in this dwelling is less than the allowance for the area of ​​the dwelling, including if such a decrease occurs as a result of the moving into this dwelling of orphans and children left without parental care, persons from among orphans and children left without parental care;

4) other circumstance established by the legislation of the subject of the Russian Federation.

Thus, if your housing is found unsuitable for permanent residence (paragraph 2), then you will be eligible for housing.

Saybotalov Vadim Vladimirovich 03.07.2019 14:17

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Agree with colleague.

Fedorova Lyubov Petrovna 04.07.2019 09:20

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Communication of a ward child with a mother deprived of parental rights

Hello, I'm 16 and soon my mother will be restored in parental rights, we communicate well. Is it possible to visit her for the summer?

Diana 06/28/2019 12:16

According to Art. 72 RF IC Restoration of parental rights

1. Parents (one of them) can be reinstated in parental rights in cases where they have changed their behavior, lifestyle and (or) attitude to raising a child.

2. Restoration of parental rights is carried out in court at the request of a parent deprived of parental rights. Cases on the restoration of parental rights are considered with the participation of the guardianship and guardianship authority, as well as the prosecutor.

3. Simultaneously with the application of the parents (one of them) for the restoration of parental rights, the request for the return of the child to the parents (one of them) may be considered.

4. The court has the right, taking into account the opinion of the child, to refuse to satisfy the claim of the parents (one of them) for the restoration of parental rights, if the restoration of parental rights is contrary to the interests of the child.

Restoration of parental rights in relation to a child who has reached the age of ten years is possible only with his consent.

Restoration of parental rights is not allowed if the child is adopted and the adoption is not canceled (of this Code).

5. Within three days from the date of entry into force of the court decision on the restoration of parental rights, the court sends an extract from such a court decision to the civil registry office at the place of state registration of the birth of the child, and in the case of state registration of the birth of the child, the multifunctional center for the provision of state and municipal services - to a multifunctional center for the provision of state and municipal services at the place of state registration of the child's birth to inform the civil registry office, which stores the corresponding record of the birth certificate.

After your mother is restored in parental rights, all her rights as a mother will be restored and you and you can communicate with her and live together.

Saybotalov Vadim Vladimirovich 02.07.2019 11:53

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Agree with colleague.

Fedorova Lyubov Petrovna 03.07.2019 08:10

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Deprivation of parental rights

Good evening I would like to know I am 16 years old, in a couple of months I will be 17 And I want to terminate my "mother" parental rights. my mother communicates closely with the head of guardianship and guardianship, the guardian refused to help me, saying that there were no good reasons for this. Can I go to court and file a lawsuit for deprivation of parental rights myself?

Anastasia 30.05.2019 22:38

According to Article 69 of the Family Code of the Russian Federation, parents (one of them) may be deprived of parental rights if they: evade fulfilling the duties of parents, including in case of malicious evasion from paying alimony; refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational organization, a social service organization or from similar organizations; abuse their parental rights; mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability; are patients with chronic alcoholism or drug addiction; have committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.

The circle of persons, according to whose statements the court considers cases of deprivation of parental rights, is defined in paragraph 1 of Art. 70 of the RF IC - one of the parents, regardless of whether he lives with the child; - persons replacing parents: adoptive parents, guardians, trustees, adoptive parents; prosecutor; - a body or organization that is responsible for protecting the rights of minor children (authority and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care: orphanages, boarding schools, orphanages, homes for the disabled , social rehabilitation centers for minors, centers for helping children left without parental care, territorial centers for social assistance to families and children, social shelters for children and adolescents, boarding schools for children with physical disabilities, etc.). If the guardianship authority refuses to file an appropriate application with the court, then it is necessary to apply in writing to the guardianship authority and the prosecutor's office and initiate this case.

Saybotalov Vadim Vladimirovich 30.05.2019 22:44

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Agree with colleague.

Fedorova Lyubov Petrovna 31.05.2019 12:40

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Deprivation of parental rights

hello, if my wife is deprived of parental rights to a son who is not related to me, how will this affect the joint three daughters

sergey 05/15/2019 18:11

Good afternoon

Article 69 of the Family Code of the Russian Federation establishes the grounds under which a citizen may be deprived of his rights by a court decision. You can apply to the judicial authority with an application for the deprivation of a parent's rights in the following cases: evasion from parental duties; malicious evasion from maintenance obligations; refusal to take a child from a maternity hospital or other medical, social, educational organization without good reason; abuse of the rights of a parent (involvement in activities that violate the law or an obstacle to education); abuse of a minor; committing a crime against a child, second parent or other family members; confirmed alcohol or drug addiction. If one of the parents is deprived of the rights, then the child will remain in the care of the second. When both parents lose their parental rights, the minor is temporarily placed in a special institution until the relatives arrange custody of him.

Most of the parents who have lost the right to a child suffer morally and experience remorse. In addition, deprivation entails legal and social consequences. Material and legal benefits that were previously provided to the parent of a minor from the moment of deprivation of rights cease to be valid. According to Art. 71 of the RF IC, for a father or mother who has lost parental rights, restrictions are imposed on: Participation in education. Communication with a minor. Claiming child support in old age. Application of tax and labor benefits. Receiving child support. The right to inherit the child's property. Living with a minor in the same living area.

These legal consequences relate to relationships with a particular child and do not apply to other children until an appropriate decision is made to restrict or deprive parental rights in relation to them. However, this family is likely to be registered with the guardianship and guardianship authorities.

Saybotalov Vadim Vladimirovich 01.06.2019 14:55

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Date time with baby

Hello! I work as a teacher, there is a child in the group, the parents are divorced. There is a court decision, which determines the time of the meeting of the father with the child (Tue, Thu from 16:00). The father has no parental rights. Does the father have the right to pick up the child from kindergarten earlier, at 15:30 for example? He is not deprived of parental rights. Or am I, as an educator, obliged to strictly observe the time schedule and should not give the child away before 16:00?

Olga 13.04.2019 08:08

Good afternoon You must strictly adhere to the time limit.

Dubrovina Svetlana Borisovna 22.05.2019 14:04

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Mom is deprived of parental rights. The maternity capital remains in its use or goes to the children for their education. Children 9 and 13 years old.

Mom is deprived of parental rights. Maternal capital remains in her use or passes to the father?

Irina 04/04/2019 13:29

Location

If parents lose parental rights when their child is 15 years old, the father owns two apartments, the child is taken under guardianship, when the child reaches the age of 18, he will be provided with housing. area from the state?

Augustine 24.03.2019 21:08

debts

I was under the care of my aunt. Mom is deprived of birth rights. Now my mother has died. Do I have to pay her debts on loans. Now I am 28 years old

Lyuba 18.03.2019 13:54

Good afternoon You are not required to repay loans. You do not appear in loan agreements. Children are not required to pay the debts of their parents.

Dubrovina Svetlana Borisovna 23.03.2019 11:34

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What to do in this situation

I am the eldest son, I am 24 years old, I live alone, my mother has 2 more sons, she does not know how to deal with her sons, she beats, she does not have any living conditions in the apartment. I want to take the children from her, what should I do in this situation, she just won’t give them to me!

Maxim 12.03.2019 21:30

Hello! You need to contact the guardianship authorities. If you have decent living conditions and a stable income, most likely, the children will be left with you. You can contact our company at the phone number listed on the site. 50% discount with promo code "MIP".

Kindin Andrey Sergeevich 13.03.2019 12:41

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Korolev Ilya Vladimirovich 14.03.2019 14:27

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Deprivation of parental rights.

Good evening! They want to deprive my husband of parental rights in relation to the child from his first marriage, will this affect our daughter together with him?

Yana 03/12/2019 21:18

Hello! If he is deprived of parental rights to one child, then this fact will not affect the other child in any way.

Smirnova Tatyana Mikhailovna 13.03.2019 12:44

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This is true.

Martynov Roman Valerievich 14.03.2019 16:31

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Housing for orphans

Two children aged 19 and 21. The father died, the mother was deprived of parental rights in 2013, her husband is registered with a norcologist and psychology, constantly drinking, fighting, the police. Their joint son (10 years old) was recently adopted by another family. The guardianship authorities and the commission of the city administration refuse separate housing for children, arguing that they have 1/5 shares in a two-room apartment, but as protection of the rights of orphans. I turned to the Ministry of Social Protection of the Perm Territory, why the guardianship authorities do not take into account that the family is dysfunctional, how to prove with a certificate how many calls were made to the police at their place of residence, what to do ??? (Thank you).

Nikolay 21.02.2019 19:54

Dubrovina Svetlana Borisovna 07.03.2019 14:33

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Arman 25.03.2019 18:31

Hello. my ex-wife deprived of parental rights. The youngest son was placed in an orphanage. The eldest son lives with me. Can I pick up my youngest son from the orphanage? And do I get any benefits from the state, as a single father? Thank you.

Dubrovina Svetlana Borisovna 04.04.2019 06:49

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Agree with colleague.

Zakharova Elena Alexandrovna 08.03.2019 10:00

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it is possible for the father to live after he was deprived of his rights and the mother does not live together.

Is it possible for a father deprived of parental rights to live in the family.

sergey 06.02.2019 05:25

Good afternoon
In the event that parents and children live in a dwelling that belongs to them by right of ownership, or the owner of the dwelling is the parent himself, deprived of parental rights, the law does not provide for the deprivation of parental rights as a basis for terminating the parent's ownership of the dwelling, i.e. . the parent cannot be evicted from the dwelling. At the same time, if it is established that the joint residence of a child with a parent deprived of parental rights is not possible, the child is resettled to live either with the second parent when the child's parents live separately, or with a guardian (custodian).
If a parent deprived of parental rights lives in a residential area owned by another parent or the child himself, then the rules of Part 4 of Art. 31 of the Housing Code of the Russian Federation, according to which, in the event of termination family relations with the owner of the dwelling, the right to use this dwelling is not retained by the former family member of the owner of this dwelling, unless otherwise established by agreement between the owner and the former member of his family.

The child's mother died. There is a procedure for restricting the rights of the father (with the aim of further depriving him of parental rights). At the same time, the child (4 years old) has an adult brother who wants to get custody of him. Will the child be left with his brother? Is there any danger of placing a child in an orphanage (even for a few days)?

Irina 12/16/2018 17:18

Hello! To be a guardian, a brother must meet the requirements under Art. 146 RF IC. According to Art. 10 of the Federal Law "On guardianship and guardianship" of grandparents, parents, spouses, adult children, adult grandchildren, brothers and sisters of an adult ward, as well as grandparents, adult brothers and sisters of a minor ward shall have the preferential right to be his guardians or custodians over all other persons. While the process of paperwork is going on, it is possible that the child will be in an orphanage. We invite you to the office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "MIP".

Karpov Mikhail Viktorovich 17.12.2018 14:36

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Come for a consultation, we will help you

Karpov Mikhail Viktorovich 18.12.2018 13:16

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living space

Do I have the right to part of the living space of a mother deprived of parental rights if I am on the waiting list for an apartment?

Andrey 03.12.2018 18:51

Good afternoon Yes, you are entitled to housing space. In accordance with Article 8 of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care" to orphans and children left without parental care, persons from among children - orphans and children left without parental care who are not tenants of residential premises under social rental agreements or family members of the tenant of residential premises under a social rental agreement or owners of residential premises, as well as orphans and children left without parental care, persons from the number of orphans and children left without parental care who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, if their residence in previously occupied residential premises is recognized as impossible, the executive authority of the constituent entity of the Russian Federation, on whose territory the place of residence of the said persons is located, in the manner prescribed by the legislation of this constituent entity of the Russian Federation, provides one-time comfortable residential premises of a specialized housing stock under contracts for renting specialized residential premises. Your situation should be considered according to the documents in the office..ru

Hello, the question is, my parents were deprived of parental rights in 2007, we were sent to a distributive orphanage after we asked for it to live with our parents, but my parents never got my parents right, I am now 28 years old and my brothers are 24 years old and we were going to legalize the land for ourselves, but as it turned out that the land owned by the state since 2008 and we are not given permission to legalize the house and land, although we are registered there and my father was born there, but the reason is that the house was on fire in 2011 and the documents were also burned down, what should we do, please hurry up

Good afternoon

Article 1153 of the Civil Code of the Russian Federation, the actual entry is the inheritance by the receivers of the property of a deceased relative without contacting a notary in order to draw up a certificate.

In fact, the heir after death does not register the inheritance, but shows certain actions towards the hereditary mass. This form of entry is relevant if there is one applicant or several, if there are no disputes about the division between them.

Having carried out the actual acceptance of the inheritance under the Civil Code of the Russian Federation, the receiver can use the property of the deceased for an unlimited period of time. However, the actions of the successor in relation to the property of the testator must be carried out within 6 months from the date of his death.

Establishing the fact of inheritance

According to the rules established by Article 1153 Civil Code, the receiver must confirm the actual inheritance when needed. Eg, close relative The deceased can use the abandoned property for an unlimited time, but without the right to dispose of it. This indicates the impossibility of registering possessions in favor of the candidate, and, consequently, the implementation of transactions.

In order to obtain ownership rights in relation to the inheritance, it is necessary to have a certificate of inheritance in hand. Its registration is carried out by a notary office. But in order to receive this document, it is necessary to establish the fact of entry into the inheritance. This can be done on the basis of certain actions of the receiver within six months after the death of the testator:

Use, disposal and maintenance of hereditary property.

Bearing financial expenses associated with ensuring the safety of property.

Payment of debt obligations of the deceased, recovery of obligations in his favor.

The receiver can apply for a certificate at any time, proving to the notary or the court the actions performed.

Issuance of a certificate of inheritance

So, how to confirm the actual entry and formalize the ownership of the property of a deceased relative. The applicant can apply for the establishment of the fact of acceptance to a notary or to the court with a statement of claim.

The first instance in obtaining inheritance rights is a notary's office. The applicant must prepare all the necessary documents:

Death certificate of testator.

Declaration of Inheritance.

Testament or documents proving family ties with the deceased.

Documents on the right of ownership of the deceased in relation to his property.

Evidence of actions indicating the fact of acceptance.

If there is strong evidence that is drawn up according to legal norms, the notary will issue documents on the right to inherit. However, in the absence of evidence of the actual entry into the property, the receiver can restore his rights only in court. You can prove the actual entry by the presence of:

Extracts from the registration authority on the presence of registration in the territory of the testator.

Receipts and checks for repayment of debts of the deceased on taxes and other obligations.

Checks, contracts and receipts showing expenses in favor of maintaining the property.

You can establish the fact of entry if you have receipts for payment of utilities and taxes. It is also possible to do this on the basis of receipts for the purchase of goods and services in order to maintain the condition of the property or improve it.
In your case, this circumstance must be proved in court, as there is a new owner

Fedorova Lyubov Petrovna 19.06.2019 19:18

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It is necessary to know that the presence of a certificate of income, characteristics that positively describe the plaintiff, are not serious arguments. Relatives or other persons cannot file a claim if the parent himself does not want to return his legal rights. The procedure for restoring parental rights is regulated by law, namely Article 72 of the Family Code of the Russian Federation. To be able to start the specified legal process, the following conditions must be met: Restoration of parental rights is impossible if a person has not taken the path of correction and has not eliminated the reasons why he was deprived of them.

Terms of adoption after deprivation of parental rights

- evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony.

Usually the reasons are related to the lack of a permanent legal income, drug addiction and alcoholism, vagrancy, but if the parent has corrected himself, then the legislation makes it possible to restore him legal rights.

Evasion of parents from fulfilling their duties of raising children can be expressed in a lack of concern for their moral and physical development, training, preparation for socially useful work; - refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution social protection population or from other similar institutions; - abuse children, including physical or mental violence against them, encroach on their sexual inviolability.

Child abuse may manifest itself not in physical or mental violence against them by parents or in an attempt on their sexual integrity, but also in the use of unacceptable methods of education (in rude, neglectful, degrading treatment of children, abuse or exploitation children); - are patients with chronic alcoholism or drug addiction.

Termination of mother's parental rights

There is an opinion that such an extreme and tragic procedure for the family as deprivation of parental rights is more often applied only to the fathers of the child. In fact, this is far from the case.

Statistical studies have shown that a large proportion of the so-called "unfavorable parents" are the mothers of the child, so the procedure for depriving motherhood is also very common. Deprivation of parental rights is, of course, a very traumatic phenomenon, not so much for irresponsible mothers and fathers, but for a child, because separation from parents has an extremely negative impact on his psychological state.

However, this cannot become a reason not to apply the forced measures provided for by law, if it is a matter of protecting the rights and interests of the child. So, for example, if the mother refuses to take the child from the maternity hospital, does not give him the necessary attention, does not feed, does not treat, does not engage in education and upbringing - all this can serve as a reason for restricting or depriving the mother of parental rights.

YurClub Conference

And another question: for adoption are required the following documents: 1. Application (filled in by the guardianship and guardianship authorities); 2. Brief autobiography; 3. Certificate from the place of work indicating the position and salary or a copy of the declaration of income; 4.

A copy of the financial personal account and an extract from the house book from the place of residence or a document confirming the ownership of the dwelling; 5.

Certificate of the internal affairs bodies on the absence of a criminal record for an intentional crime against the life and health of citizens; 6.

Medical conclusion of a state or municipal medical institution on the state of health of a person wishing to adopt a child; (valid for 3 months) 7.

Terms of restriction of parental rights

Direct terms for limiting the parental rights of the father or mother of the child are not provided for by law, there are no clear instructions on this matter either in the norms of family law or in the law that determines the procedural rules for considering a case.

A copy of the marriage certificate 8. Documents confirming the right to use the premises 9. Characteristics from the place of work.

Filing a claim of this kind is allowed at any time in a child's life, and the main criterion here is the link to the age of the baby - the claim must be filed before the day the child is eighteen years old. As a rule, the truncation of the rights of parents to raise a baby is of an indefinite nature, and if the court decision on this issue was not canceled or changed until the child was eighteen years old, then the restriction of rights remains until the end of the life of such a parent and the child himself.

But, since the very procedure for restricting the parents of their rights is, as a rule, a preliminary and even somewhat preventive measure, it is rarely preserved until the child reaches the age of majority in its original form.

How soon after termination of parental rights can a child be adopted?

When the judge makes an appropriate decision, the parent is deprived of absolutely all rights arising from the relationship between the parent and the child. The possibility of a mother or father to receive certain benefits and payments, enjoy benefits, and be heirs of their children is also excluded.

At the same time, the obligations for the maintenance, payment for education and treatment of the child remain. In order to ensure the child full life the question of the possibility of transferring it to relatives for education is initiated.

When these are not available, the children are placed in an appropriate institution under the care of the state. In the future, the child can be transferred to the guardianship of another family or adopted.

However, despite the seriousness of the decision to terminate parental rights, the parent is given time to eliminate all the negative circumstances that served as the main factors for the deprivation of rights.

RF IC, Article 71

Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children. 4. A child in respect of whom the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Terms of adoption of a child, deprivation of parental rights

Article 69 of the RF IC.

Deprivation of parental rights Parents (one of them) may be deprived of parental rights if they: evade fulfilling the duties of parents, including in case of malicious evasion from paying alimony; refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational institution, institution of social protection of the population or from similar organizations; abuse their parental rights; mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability; are patients with chronic alcoholism or drug addiction; have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Deprivation of parental rights

The legislator has provided several ways to influence parents in order to protect the interests of minors.

The most radical and extreme measure is the deprivation of parental rights. The decision to terminate parental rights is made only by the court. In such hearings, the prosecutor and the representative of the guardianship are required to participate.

At the same time, they give their opinions on controversial issues.

Family code ( family law) determines that in order to start a lawsuit to deprive parental rights, it is necessary to comply with the obligations of the defendant (parent) in relation to their child, as well as the occurrence of circumstances that make it impossible to resolve problems in another way.

Malicious evasion of parents from fulfilling their duties (incl.

In accordance with the legislation of the Russian Federation, each parent is obliged to perform certain actions for the provision and development of their children. Parents must educate and support their children.

Refusal to fulfill their obligations entails the restriction or deprivation of parental rights. Such issues are considered only in court.

From the moment the court decision comes into force, the consequences of deprivation of parental rights come for both parents and children.

The consequences of deprivation of parental rights are the loss of rights to a child, provoked by the negative behavior of parents and the conduct of an immoral lifestyle.

Termination of parental rights is a last resort. As a result of litigation, the mother or father will lose the following:

• all the rights that previously arose only because of the relationship with the child by blood;
• the right to receive benefits, alimony and various benefits that are provided by the state in the presence of a child;
• entitlement to future child support.

Despite this, neither the deprivation nor the restriction of parental rights releases the parents from their duties towards their child.

The consequences of deprivation of parental rights for a child are as follows:

1. The child retains the right of ownership or the right of use in relation to the dwelling.
2. The child has the right to receive the inheritance of parents and other relatives.

It is quite logical that the legislation excludes from the list of heirs of children such mother and father who were deprived of parental rights.

Depriving parents of rights and obligations in relation to the child, the law establishes the appropriate procedure.

It lies in the fact that it does not matter who takes care of the child - the second parent, foster family, guardian, trustee, representative of the orphanage.

The administration of the institution and the listed persons with whom the child lives have the right to present a statement of claim to the mother or father. In this application, they may demand the recovery of alimony from the parents for the upbringing of the child.

Because the disenfranchised mother or father is obliged to participate in the additional expenses for the child. This also applies to parents who are subject to restriction of parental rights.

In the case when a child lives with a mother or father deprived of parental rights, the court simultaneously considers and decides whether it is possible for them to continue living in the same living space.

Considering the case, the judge makes a decision based on certain circumstances and grounds for which housing was obtained.

If parents and children live in a room that is on the balance sheet of municipal or state bodies, then the deprivation of the rights of parents is the basis for their eviction without providing other housing.

When parents are restricted in their rights, they can live with their children after the restriction is lifted. The same ground applies to mother and father who are deprived of parental rights and live in a house owned by their child.

But in the case when the family lives in an apartment, which is the common property or the property of a parent deprived of rights, it is impossible to evict him from his property. Then the child should be provided with a separate living space.

In most cases, children are relocated to a parent who has retained their rights. If both mom and dad are deprived of parental rights, the children are taken to an orphanage.

When a child is placed in an orphanage, the child retains ownership of, or the right to use, the disenfranchised parent's home.

Thus, the legislation provides for such a procedure that when depriving parents of their rights, no one can deprive a child of his property.

Video: Deprivation of parental rights

The legislation of the Russian Federation of 2019 does not accept the voluntary refusal of parents from their rights regarding children, such a process is not provided. Renunciation of paternity is also the deprivation of parental rights.

The difference is that the deprivation of parental rights is a compulsory procedure when the father of the child does not evade his duties. And renunciation of paternity is the voluntary deprivation of the father of his rights in relation to his own children.

This means that both parents agree that the father ceases to be such.. Such issues are considered exclusively in court.

By renouncing paternity, a citizen must transfer his rights to the child to another person. There are various reasons for giving up parental rights.

But the main ones are:

1. Exemption of the father from the payment of child support.
2. The unwillingness of the mother, so that the unlucky father took part in the upbringing of the child.

It should be borne in mind that if the father renounces parental rights just like that, and not in favor of another person, then this does not exempt him from paying child support.

The obligation to pay is removed only if the child is immediately adopted by another person who is the husband of the mother.

There are also families in which the head of the family oppresses the rights of his child so much that the mother is ready to ask her husband to renounce her rights, this is done solely in the interests of the child.

Giving up parental rights of the father voluntarily also has its consequences. Such a parent may even have limited contact with the child if the mother provides evidence of the negative influence of the father on his health.

In this case, the following must be taken into account:

1. A disenfranchised father should not participate in the life and upbringing of children.
2. He has only one responsibility - to pay alimony.
3. The child has the right to receive the inheritance of such a father.

In order for a father to refuse, he must sign permission to adopt his child by someone other than the biological father. Such actions are possible in relation to a newborn and to a minor.

In the event that the refusal occurs involuntarily, then a claim for deprivation of parental rights of the father can be filed:

• mother of the child;
• prosecutor;
• child protection.

If the plaintiff voluntarily renounces parental rights, then in the application for refusal he must indicate:

After reviewing this claim, the guardianship authorities file an application with the court against such a parent.

There is no specific form of claim, but it must be drawn up in accordance with the law.

It contains the following information:

If the child is already 10 years old, he has the right to familiarize himself with the claim. When filing an application for deprivation of parental rights, the plaintiff must pay a state fee of 300 rubles.

Restriction of parental rights is a temporary measure.

In this case, the child is transferred to the upbringing of another relative, without the parental rights of the parent being annulled.

The basis for such a procedure is the corresponding decision of the court. At the same time, the rights of the parent are limited to only six months.

If during this period the behavior of the blood relative does not change, he is deprived of parental rights.

Restriction of parents' rights does not release them from duties. Therefore, throughout the entire period of the restriction, alimony is collected from the parents for the maintenance of the child.

The consequences of restricting parental rights are that the parent can no longer do the following:

• educate and defend the interests of the child;
• receive cash and benefits intended for families with children;
• be the guardian of other children or adopt them.

Meetings and telephone conversations with the child, during the period established by law, can only be with the consent of the second parent, whose rights are preserved.

If the mother and father are limited in their rights regarding their children, then communication with children is possible with the permission of a temporary guardian or a children's institution where the child is located.

In this case, the opinion and consent of the child himself will be taken into account. Communication with children is possible and allowed, but not required..

The legal consequences of the restriction of parental rights lead to the fact that the parent retains only property rights. He will lose them only if he is deprived of the rights regarding his children.

Legislation allows you to support a child financially and claim property after his death. The child retains property rights, the right to inheritance and living space.

Video: Restriction in parental rights of the father (mother)

If parents do not fulfill their obligations regarding their children, they are limited or deprived of parental rights. In both cases, the consequences measures taken affect both parents and children.

Restriction of rights is temporary, and deprivation of rights is indefinite. The consequences of the restriction are much narrower compared to the consequences of deprivation of parental rights.

Hello Anastasia.

Adopted children are legally considered equal to their relatives in their rights. Therefore, your issue can be resolved by depriving the former spouse of parental rights.

The Family Code of the Russian Federation will help us navigate the situation.

Article 69. Deprivation of parental rights

Parents (one of them) may be deprived of parental rights if they: evade fulfilling the duties of parents, including in case of malicious evasion from paying alimony;

refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from similar organizations; abuse their parental rights;

mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability; are patients with chronic alcoholism or drug addiction;

have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Article 70. Procedure for deprivation of parental rights

1. Deprivation of parental rights is carried out in a judicial proceeding.

Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).

2. Cases on deprivation of parental rights are considered with the participation of the prosecutor and the body of guardianship and guardianship.

3. When considering a case on deprivation of parental rights, the court decides on the recovery of alimony for the child from the parents (one of them) deprived of parental rights.

4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminally punishable act in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.

5. The court is obliged, within three days from the date of entry into force of the court decision on the deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the birth of the child.

Article 71. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of kinship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.

2. Deprivation of parental rights does not release parents from the obligation to support their child.

3. Question about the future cohabitation child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation.

4. A child in respect of whom the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.

5. If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the custody of the guardianship and guardianship authority.

6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

So, in order to deprive your ex-spouse of parental rights, you need to file an appropriate application with the court at his place of residence.

The application must contain at least one basis from Article 69 of the Family Code of the Russian Federation.

A statement drawn up by a lawyer will increase your chances of success and shorten the time for resolving the issue as much as possible (you will not have to redo the statement, which is a fairly common occurrence when it is compiled independently).